A restraining Order can only be resultant of criminal proceedings. The Order is put in place for a defined period of time, however the maximum period of time is indefinite and it is termed “until further notice.” The restraining Order is designed to provide a degree of protection to the victim. The Order prevents the perpetrator from actions which:
Restraining Orders often use the same type of terminology as a non-molestation Order. It will name the person who the perpetrator should keep away from. Whilst restraining Orders can keep a person from physically confronting another person, it can also stop a person going to certain places. So, for example, a restraining Order could prohibit the perpetrator from going onto a certain floor in a block of flats. It will also stop a victim being contacted by 3rd parties. This means asking a friend to ‘pass on a message’ and will also cover texts, emails and phone calls.
As already mentioned, a restraining Order can only come about through the criminal courts. This means for a person to be made subject to a restraining Order, they must have already committed an offence – or at least be accused of a criminal offence! So in many ways it is happening too late. If the abuse can be stopped prior to criminal proceedings then this is better. Considering civil injunctions is preferable and they can be put in place before physical harm has been caused.
From 30th September 2009, a new part of the Domestic Violence, Crime and Victims Act 2004 was introduced. This effectively meant that a restraining Order can be put in place for people committing any offence. A restraining Order can now also be ordered against people who are acquitted (i.e. found ‘not guilty’) of a crime. So in practical terms, your partner may be guilty of a crime against you but may get off on a technicality. Even in this instance (which would be very rare) the courts can still protect you by putting a restraining Order in place.
Previously the courts only had the power to use a restraining Order if a person was found guilty of the offence of ‘harassment’, or ‘putting someone in fear of violence.’ This new piece of legislation is proving a powerful weapon in the courts arsenal against domestic violence.